Lawmakers from Oregon and Washington have issued a formal warning to the United States Postal Service regarding an executive order they contend violates constitutional protections for voting by mail, arguing the directive could unlawfully restrict access to ballots in the upcoming election cycle.
The bipartisan coalition, led by Democratic senators and representatives from both states, asserts the order—issued without congressional oversight—attempts to circumvent established legal frameworks governing election administration and could disenfranchise voters who rely on mail-in ballots, particularly in rural and underserved communities.
In a letter addressed to Postmaster General Louis DeJoy, the lawmakers emphasized that any attempt by the executive branch to impose new voting restrictions through administrative action, rather than legislation, raises serious constitutional concerns under the Elections Clause and the Fourteenth Amendment.
“This executive order oversteps the bounds of presidential authority and directly interferes with states’ rights to administer elections,” said Sen. Ron Wyden (D-OR), a longtime advocate for voting access. “The Postal Service must not become a tool for voter suppression, no matter how indirectly it is framed.”
The lawmakers cited specific provisions in the order that would allow federal officials to delay or invalidate mail-in ballots based on broad, undefined criteria, including alleged “irregularities” in ballot handling—a standard they argue lacks statutory basis and invites partisan manipulation.
They referenced the 2020 election, during which the USPS processed over 135 million mail-in ballots nationwide, according to data from the Election Assistance Commission verified by federal election records, to underscore the scale of potential impact if such restrictions were implemented.
Washington Secretary of State Steve Hobbs echoed the concern, stating in a public statement that “any effort to undermine confidence in mail voting through unilateral executive action erodes public trust and threatens the integrity of our democratic process.”
The Postal Service has not yet issued a formal response to the letter, though officials have previously maintained that the agency remains politically neutral and operates under statutory mandates to ensure timely and secure delivery of election mail.
Legal experts note that while the president holds certain authority over federal agencies, using that power to alter voting procedures without congressional approval may face judicial review, particularly if it results in disparate impact on protected voter classes.
As of now, no lawsuit has been filed challenging the order, but voting rights organizations including the Brennan Center for Justice and the ACLU have signaled they are monitoring the situation closely and may pursue legal action if the directive is implemented.
The lawmakers urged the USPS to reject any implementation of the order that conflicts with state election laws or federal statutes such as the Help America Vote Act and urged Congress to exercise its oversight authority to prevent unilateral changes to election infrastructure.
They concluded by calling for transparency, requesting a detailed briefing from the Postal Service on how it intends to comply with the order while upholding its statutory duty to support free and fair elections.
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